Opinion · Court of Appeals for the Eighth Circuit

Ellis v. Norris

Ellis v. Norris, 179 F.3d 1078 (8th Cir. 1999)

Type
Opinion
Court
Court of Appeals for the Eighth Circuit
Jurisdiction
Federal
Date
1999-06-01
Topic
general

stating that prisoner must allege defendants' personal involvement or responsibility for the constitutional violations to state a § 1983 claim | stating that prisoner must allege a defendant’s personal involvement or responsibility for the constitutional violations to state a § 1983 claim | explaining that a plaintiff must allege the defendant was involved in or responsible for the constitutional violation to state a § 1983 claim | stating that a § 1983 complaint must allege facts supporting any individual defendant’s personal involvement in or responsibility for constitutional violations | stating that prisoner must allege defendants' personal involvement or responsibility for the constitutional violations to state a § 1983 claim | stating that prisoner must allege a defendant’s personal involvement or responsibility for the constitutional violations to state a § 1983 claim | stating that prisoner must allege a defendant's personal involvement or responsibility for constitutional violations to state a § 1983 claim | stating that prisoner must allege a defendant’s personal involvement or responsibility for the constitutional violations to state a § 1983 claim | stating that prisoner must allege a defendant’s personal involvement or responsibility for constitutional violations to state a § 1983 claim | affirming dismissal of § 1983 complaint where pro se plaintiff “failed to allege facts supporting any individual defendant’s personal involvement or responsibility for the violations | affirming dismissal of § 1983 action where plaintiff “failed to allege facts supporting any individual defendant’s personal involvement in or responsibility for the [constitutional] violations” | dismissing a § 1983 complaint where a plaintiff “failed to allege facts supporting any individual defendant’s personal involvement or responsibility for the violations” | affirming dismissal of Eighth Amendment claim when plaintiff did not allege that inadequate security had caused him injury | affirming dismissal of § 1983 complaint where plaintiff “failed to allege facts supporting any individual defendant’s personal involvement or responsibility for the violations” | affirming dismissal of prisoner complaint that “failed to allege facts supporting any individual defendant’s personal involvement or responsibility for the [alleged constitutional] violations” | affirming dismissal of complaint that “failed to allege facts supporting any individual defendants’ personal involvement or responsibility for the violations” | affirming dismissal of a § 1983 complaint for “fail[ure] to allege facts supporting any individual defendant’s personal involvement” in the alleged violation of plaintiff’s constitutional rights | affirming dismissing of § 1983 complaint where plaintiff failed to allege any injury | affirming dismissal of § 1983 complaint where plaintiff failed to allege any injury | affirming dismissal of § 1983 complaint where plaintiff failed to allege any injury | a plaintiff must plead facts showing each named □ defendant’s personal involvement in the alleged constitutional wrongdoing | a plaintiff must plead facts showing each named defendant’s personal involvement in the alleged constitutional wrongdoing | a plaintiff must plead facts showing each named defendant’s personal involvement in the alleged constitutional wrongdoing | a plaintiff must plead facts showing each named defendant’s personal involvement in the alleged constitutional wrongdoing | a plaintiff must plead facts showing each named defendant’s personal involvement in the alleged constitutional wrongdoing | a plaintiff must plead facts showing each named defendant’s personal involvement in the alleged constitutional wrongdoing | complaint was properly dismissed because plaintiff failed to allege facts supporting any individual defendant’s personal involvement or responsibility for violations | a plaintiff must plead facts showing each named defendant’s personal involvement in the alleged

Citator

Cited by
29 opinions
ELLIS v. NORRIS,179 F.3d 1078(8th Cir. 1999)
Jerry X. Ellis, Plaintiff-Appellant, Michael D. Walker; Eddie Gray,
Jr.; Shahid Taqwa, also known as John Smith, Plaintiffs, v.
Larry B. Norris, Director, Arkansas Department of Correction;
R. Toney, Arkansas Department of Correction; Mrs. McQuilliams, Arkansas
Department of Correction; L. Inmon, Arkansas Department of Correction;
Mrs. Day, Arkansas Department of Correction; C. A. Collins, Arkansas
Department of Correction; D. Guntharp Arkansas Department of Correction;
B. Butcher, Captain, Arkansas Department of Correction; V. R. Robertson,
Arkansas Department of Correction; W. J. Straughn, Captain, Arkansas
Department of Correction; J. L. Williams, Captain, Arkansas Department
of Correction; C. A. Proctor, Lt., Arkansas Department of Correction;
J. W. VIA, Lt., Arkansas Department of Correction; R. Bradley, Sgt.,
Arkansas Department of Correction; R. Walz, Sgt., Arkansas Department of
Correction; J. Boyd, CO-1, Arkansas Department of Correction; R.
Shillings, CO-1, Arkansas Department of Correction; A. Singleton, CO-1,
Arkansas Department of Correction; J. Henderson, CO-1, Arkansas
Department of Correction; J. Lawson, CO-1, Arkansas Department of
Correction; R. Neal, CO-1, Arkansas Department of Correction; K. King,
CO-1, Arkansas Department of Correction; C. Harris, CO-1, Arkansas
Department of Correction; R. Tisdale, CO-1, Arkansas Department of
Correction; J. Thompson, CO-1, Arkansas Department of Correction; L.
Smith, CO-1, Arkansas Department of Correction; T. Madden, CO-1,
Arkansas Department of Correction; H. Rainbolt, Arkansas Department of
Correction; C. Patterson, CO-1, Arkansas Department of Correction; N.
Cartwright, CO-1, Arkansas Department of Correction; T. Turner, CO-1,
Arkansas Department of Correction; D. Daniels, CO-1, Arkansas Department
of Correction; M. Leeper, LPN, Arkansas Department of Correction; J.
Varpen, LPN, Arkansas Department of Correction; C. L. Cobb, Lt.,
Arkansas Department of Correction; D. Curl, Sgt., Arkansas Department of
Correction; D. Boultinghouse, Sgt., Arkansas Department of Correction;
A. Burnett, Sgt., Arkansas Department of Correction; C. Harris, Sgt.,
Arkansas Department of Correction; C. Beard, CO-1, Arkansas Department
of Correction; W. Downs, CO-1, Arkansas Department of Correction; R.
Griffin, CO-1, Arkansas Department of Correction; G. Graves, CO-1,
Arkansas Department of Correction; K. Mallett, CO-1, Arkansas Department
of Correction; G. Moore, CO-1, Arkansas Department of Correction; R.
Massey, CO-1, Arkansas Department of Correction; K. Tillman, CO-1,
Arkansas Department of Correction; C. McDonald, CO-1, Arkansas
Department of Correction; R. Mosby, CO-1, Arkansas Department of
Correction; K. Carroll, CO-1, Arkansas Department of Correction; D.
Threlkeld, CO-1, Arkansas Department of Correction; J. Harroway, CO-1,
Arkansas Department of Correction; A. King, CO-1, Arkansas Department
of Correction; T. Webb, CO-1, Arkansas Department of Correction; D.
Williams, LPN, Arkansas Department of Correction; Ducote, LPN, Arkansas
Department of Correction, Defendants-Appellees.
No. 97-1390EA
United States Court of Appeals, Eighth Circuit.
Submitted: January 12, 1999
Filed: June 1, 1999
On Appeal from the United States District Court for the Eastern District of Arkansas.Page 1079
Counsel who presented argument on behalf of the appellant was George Ray Spence of Bentonville, AR.

Counsel who presented argument on behalf of the appellee was David B. Eberhard, AAG, of Little Rock, AR.
Before BOWMAN, Chief Judge,1RICHARD S. ARNOLD and MORRIS SHEPPARD ARNOLD, Circuit Judges.
RICHARD S. ARNOLD, Circuit Judge.
[1] Jerry Ellis appeals from the District Court's2dismissal of his42 U.S.C. § 1983complaint. Mr. Ellis brought this action contending various conditions at the Arkansas Department of Correction's Varner Unit violated the Eighth Amendment's prohibition against cruel and unusual punishment. Construing the allegations liberally, see Haines v. Kerner,404 U.S. 519,520(1972) (per curiam), we conclude the complaint was properly dismissed because it failed to state a claim, see28 U.S.C. § 1915(e)(2)(B)(ii),1915A(b)(1).

[2] Despite having been ordered to amend his complaint to clarify how more than fifty defendants upon whom he sought service had violated his constitutional rights, Mr. Ellis failed to allege facts supporting any individual defendant's personal involvement or responsibility for the violations. See Martin v. Sargent,780 F.2d 1334,1337-38(8th Cir. 1985); see also Tatum v. Iowa,822 F.2d 808,810(8th Cir. 1987) (per curiam). Mr. Ellis, who was no longer at the Varner Unit and sought only damages, also failed to allege how such conditions as insufficient security at Varner had caused him injury, see Smith v. Arkansas Dep't of Correction,103 F.3d 637,643(8th Cir. 1996); failed to allege sufficient facts to support other alleged violations, such as inadequate medical care, see Martin,780 F.2d at 1337; and failed to allege that it was he, rather than other prisoners, who was subjected to certain allegedly unconstitutional conditions, see id.

[3] Accordingly, we affirm, amending the District Court's judgment to reflect its intention to dismiss the complaint without prejudice.

[4] We wish to express our appreciation to court-appointed counsel for appellant, who has briefed and argued this case pro bono. Counsel's efforts on behalf of his client have been a great help to us.Page 1080
  1. The Hon. Pasco M. Bowman stepped down as Chief Judge of this Court on April 23, 1999. ↩
  2. The Hon. Elsijane Trimble Roy, United States District Judge for the Eastern and Western Districts of Arkansas, adopting the report and recommendation of the Hon. H. David Young, United States Magistrate Judge for the Eastern District of Arkansas. ↩